ELECTRONIC PRESCRIPTIONS

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Full Text of SB3213

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SB3213 - 104th General Assembly

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SB3213 Enrolled
LRB104 18996 RLC 32441 b
1

AN ACT concerning electronic prescriptions.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Pharmacy Practice Act is amended by
5
changing Section 19 as follows:

6

(225 ILCS 85/19)

(from Ch. 111, par. 4139)
7

(Section scheduled to be repealed on January 1, 2028)
8

Sec. 19.
Nothing contained in this Act shall be construed
9
to prohibit a pharmacist licensed in this State from filling
10
or refilling a valid prescription for prescription drugs which
11
is on file in a pharmacy licensed in any state and has been
12
transferred from one pharmacy to another by any means,
13
including by way of electronic data processing equipment upon
14
the following conditions and exceptions:
15

(1) Prior to dispensing pursuant to any such
16

prescription, the dispensing pharmacist shall:
17

(a) Advise the patient that the prescription on
18

file at such other pharmacy must be canceled before he
19

or she will be able to fill or refill it.
20

(b) Determine that the prescription is valid and
21

on file at such other pharmacy and that such
22

prescription may be filled or refilled, as requested,
23

in accordance with the prescriber's intent expressed

SB3213 Enrolled
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LRB104 18996 RLC 32441 b
1

on such prescription.
2

(c) Notify the pharmacy where the prescription is
3

on file that the prescription must be canceled.
4

(d) Record in writing or electronically the
5

prescription order, the name of the pharmacy at which
6

the prescription was on file, the prescription number,
7

the name of the drug and the original amount
8

dispensed, the date of original dispensing, and the
9

number of remaining authorized refills.
10

(e) Obtain the consent of the prescriber to the
11

refilling of the prescription when the prescription,
12

in the professional judgment of the dispensing
13

pharmacist, so requires.
14

(2) Upon receipt of a request for prescription
15

information set forth in subparagraph (d) of paragraph (1)
16

of this Section, if the requested pharmacist is satisfied
17

in his professional judgment that such request is valid
18

and legal, the requested pharmacist shall:
19

(a) Provide such information accurately and
20

completely.
21

(b) Record electronically or, if in writing, on
22

the face of the prescription, the name of the
23

requesting pharmacy and pharmacist and the date of
24

request.
25

(c) Cancel the prescription on file by writing the
26

word "void" on its face or the electronic equivalent,

SB3213 Enrolled
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LRB104 18996 RLC 32441 b
1

if not in written format. No further prescription
2

information shall be given or medication dispensed
3

pursuant to such original prescription.
4

(3) In the event that, after the information set forth
5

in subparagraph (d) of paragraph (1) of this Section has
6

been provided, a prescription is not dispensed by the
7

requesting pharmacist, then such pharmacist shall provide
8

notice of this fact to the pharmacy from which such
9

information was obtained; such notice shall then cancel
10

the prescription in the same manner as set forth in
11

subparagraph (c) of paragraph (2) of this Section.
12

(4) When filling or refilling a valid prescription on
13

file in another state, the dispensing pharmacist shall be
14

required to follow all the requirements of Illinois law
15

which apply to the dispensing of prescription drugs. If
16

anything in Illinois law prevents the filling or refilling
17

of the original prescription it shall be unlawful to
18

dispense pursuant to this Section.
19

(5) Prescriptions for drugs in Schedules
II,
III, IV,
20

and V of the Illinois Controlled Substances Act may be
21

transferred only once and may not be further transferred
,
22

consistent with 21 CFR 1306
. However, pharmacies
23

electronically sharing a real-time, online database may
24

transfer up to the maximum refills permitted by the law
25

and the prescriber's authorization.
26

(6) Upon a patient's request, a pharmacy must transfer

SB3213 Enrolled
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LRB104 18996 RLC 32441 b
1

the prescription to another pharmacy, including Schedule
2

II controlled substances, if the prescription has been
3

received but not yet filled. However, the transfer is not
4

required if:
5

(a) the prescriber prohibits transfer in writing
6

on the prescription and documents a clinical reason
7

prohibiting transfer on the prescription; or
8

(b) the transfer is otherwise prohibited by
9

federal law.
10

Transfers may occur electronically or by facsimile
11

when permitted by federal law, and a licensed pharmacy
12

technician may perform the transfer if delegated by a
13

pharmacist.

14
(Source: P.A. 100-497, eff. 9-8-17
.)

15

Section 10.
The Illinois Controlled Substances Act is
16
amended by changing Section 311.6 as follows:

17

(720 ILCS 570/311.6)
18

Sec. 311.6.
Prescriptions for substance classified in
19
Schedule II, III, IV, or V sent electronically; exceptions.
20

(a) Notwithstanding any other provision of law, a
21
prescription for a substance classified in Schedule II, III,
22
IV, or V must be sent electronically, in accordance with
23
Section 316. Prescriptions sent in accordance with this
24
subsection (a) must be accepted by the dispenser in electronic

SB3213 Enrolled
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LRB104 18996 RLC 32441 b
1
format.
2

(b) Beginning on January 1, 2024 (the effective date of
3
Public Act 103-425) until December 31, 2028, notwithstanding
4
any other provision of this Section or any other provision of
5
law, a prescriber shall not be required to issue prescriptions
6
electronically if he or she certifies to the Department of
7
Financial and Professional Regulation that he or she will not
8
issue more than 150 prescriptions during a 12-month period.
9
Prescriptions in both oral and written form for controlled
10
substances shall be included in determining whether the
11
prescriber will reach the limit of 150 prescriptions.
12
Beginning January 1, 2029, notwithstanding any other provision
13
of this Section or any other provision of law, a prescriber
14
shall not be required to issue prescriptions electronically if
15
he or she certifies to the Department of Financial and
16
Professional Regulation that he or she will not issue more
17
than 50 prescriptions during a 12-month period. Prescriptions
18
in both oral and written form for controlled substances shall
19
be included in determining whether the prescriber will reach
20
the limit of 50 prescriptions.
21

(b-5) Notwithstanding any other provision of this Section
22
or any other provision of law, a prescriber shall not be
23
required to issue prescriptions electronically under the
24
following circumstances:
25

(1) prior to January 1, 2026, the prescriber
26

demonstrates financial difficulties in buying or managing

SB3213 Enrolled
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LRB104 18996 RLC 32441 b
1

an electronic prescription option, whether it is an
2

electronic health record or some other electronic
3

prescribing product;
4

(2) on and after January 1, 2026, the prescriber
5

provides proof of a waiver from the Centers for Medicare
6

and Medicaid Services for the Electronic Prescribing for
7

Controlled Substances Program due to demonstrated economic
8

hardship for the previous compliance year;
9

(3) there is a temporary technological or electrical
10

failure that prevents an electronic prescription from
11

being issued;
12

(4) the prescription is for a drug that the
13

practitioner reasonably determines would be impractical
14

for the patient to obtain in a timely manner if prescribed
15

by an electronic data transmission prescription and the
16

delay would adversely impact the patient's medical
17

condition;
18

(4.5) prescriptions issued prior to January 1, 2028
19

that may need to be filled outside of typical retail
20

pharmacy operating hours;
21

(4.6) prescriptions issued prior to January 1, 2028
22

that may be difficult to obtain because the prescriber
23

knows of drug shortages or pharmacy inventory limitations;

24

(5) the prescription is for an individual who:
25

(A) resides in a nursing or assisted living
26

facility;

SB3213 Enrolled
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LRB104 18996 RLC 32441 b
1

(B) is receiving hospice or palliative care;
2

(C) is receiving care at an outpatient renal
3

dialysis facility and the prescription is related to
4

the care provided;
5

(D) is receiving care through the United States
6

Department of Veterans Affairs; or
7

(E) is incarcerated in a state, detained, or
8

confined in a correctional facility;
9

(6) the prescription prescribes a drug under a
10

research protocol;
11

(7) the prescription is a non-patient specific
12

prescription dispensed under a standing order, approved
13

protocol for drug therapy, collaborative drug management,
14

or comprehensive medication management, or in response to
15

a public health emergency or other circumstance in which
16

the practitioner may issue a non-patient specific
17

prescription;
18

(8) the prescription is issued when the prescriber and
19

dispenser are the same entity;
20

(9) the prescription is issued for a compound
21

prescription containing 2 or more compounds; or
22

(10) the prescription is issued by a licensed
23

veterinarian within 7 years after November 17, 2023 (the
24

effective date of Public Act 103-563).
25

(c) The Department of Financial and Professional
26
Regulation may adopt rules for the administration of this

SB3213 Enrolled
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LRB104 18996 RLC 32441 b
1
Section to the requirements under this Section that the
2
Department of Financial and Professional Regulation may deem
3
appropriate.
4

(d) Any prescriber who makes a good faith effort to
5
prescribe electronically, but for reasons not within the
6
prescriber's control is unable to prescribe electronically,
7
may be exempt from any disciplinary action.
8

(e) Any pharmacist who dispenses in good faith based upon
9
a valid prescription that is not prescribed electronically may
10
be exempt from any disciplinary action. A pharmacist is not
11
required to ensure or responsible for ensuring the
12
prescriber's compliance under subsection (b), nor may any
13
other entity or organization require a pharmacist to ensure
14
the prescriber's compliance with that subsection. A pharmacist
15
may not refuse to fill a valid prescription solely because it
16
is not prescribed electronically.
17

(f) It shall be a violation of this Section for any
18
prescriber or dispenser to adopt a policy contrary to this
19
Section.
20

(g) A compliance action with respect to this Section
21
initiated by the Department of Financial and Professional
22
Regulation prior to December 31, 2030 is limited to a
23
non-disciplinary warning letter or citation, unless the
24
prescriber or dispenser fails to abide by the initial
25
non-disciplinary warning letter or citation, has acted in bad
26
faith, or a pattern of practice in violation of this Section

SB3213 Enrolled
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LRB104 18996 RLC 32441 b
1
occurs.
2
(Source: P.A. 103-425, eff. 1-1-24; 103-563, eff. 11-17-23;
3
103-732, eff. 8-2-24; 104-424, eff. 8-15-25.)

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